What can I do if my father is giving the power of attorney to his nephew? 13 Answers as of July 09, 2013

My father was placed in a nursing home without his children being told. He also signed power of attorney over, we believe, without knowing what he was signing, to his nephew. What can we as his children do about this? My father is still able to think for himself for the most part, but can be too trusting.

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The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
So long as your father is not incapacitated, he can make anyone his agent under a power of attorney. If you feel he is being unduly influenced, you should seek the help of a guardianship attorney to discuss whether a guardianship of your father would be appropriate.
Answer Applies to: Florida
Replied: 9/21/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
You should consult with an attorney. If your father was coerced or unduly influenced (or if he was incompetent) at the time of the execution of the POA it can be made null and void.
Answer Applies to: Connecticut
Replied: 9/20/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You have both said he can think for himself and that he can't. Both cannot be true. Without that information there is no way to answer you.
Answer Applies to: Georgia
Replied: 9/20/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Too scary a question to be answered on a website. There are multiple legal issues as well as issues of trust and family dynamics. If your father has assets worth misappropriating, see a lawyer now.
Answer Applies to: Oregon
Replied: 9/20/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Your father can revoke a Power of Attorney at any time, whether competent or not. If he needs you to act on his behalf you could consider filing for Guardianship or Conservatorship on his behalf to void the Power of Attorney. Please speak with an Estate Planning Attorney for assistance with your specific situation.
Answer Applies to: New Hampshire
Replied: 9/20/2011
    Paul Nidich, Attorney at law
    Paul Nidich, Attorney at law | Paul Nidich
    There's a big difference between being too trusting and not being competent.
    Answer Applies to: Ohio
    Replied: 7/9/2013
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You can talk to a lawyer about establishing a guardianship if one is needed. You can also talk with your father about canceling the POA and creating a new one.
    Answer Applies to: Florida
    Replied: 9/20/2011
    Law Offices of Brian Chew
    Law Offices of Brian Chew | Brian Chew
    You would have to petition the court to have your father placed in a conservatorship and hope that you would be the person appointed as his conservator.
    Answer Applies to: California
    Replied: 9/20/2011
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    You could have him revoke the Power of Attorney to his nephew and issue one to you. However, your cousin could just go and get another one executed. So if you did have him revoke it and get a new one, you should change his accounts so that neither he nor his nephew can have access to the account. You can also file for a Conservatorship so that his assets are controlled by a court appointed conservator, which could be your or one of your siblings. That way the assets would not be able to be transferred to anyone else and all expenditures would have to be accounted to the court and the court would have to give its approval of those expenditures. A Conservatorship is more expensive, however, I it is better than someone stealing all of his money.
    Answer Applies to: Alabama
    Replied: 9/20/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You can attempt to have the power of attorney overturned. You may need to pursue guardianship to do so. However, if your father is competent to make a power of attorney, he may give to whomever he chooses. If he is not competent, then you are relegated to pursuit of a guardianship through the court system. This is not an easy process like making a power of attorney.
    Answer Applies to: Nevada
    Replied: 9/20/2011
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